At the time of Salem's extradition, India had assured Portugal that no charges entailing death penalty or imprisonment of more than 25 years would be pressed against him, but such charges were later brought in.
A Lisbon court has dismissed a petition by 1993-Mumbai blasts’ case convict Abu Salem claiming that his extradition conditions were violated by India, officials said. Rejecting the petition of gangster Salem, Lisbon Administrative Court 5 Organic Unit said it lacks jurisdiction in the matter as the subject is political and diplomatic in nature, they said. The court observed that the contentions of Salem are not acts of administrative nature instead they are political and diplomatic in nature falling under the international law and not under administrative law, they said. Salem had earlier challenged framing of charges other than Mumbai blasts case before the trial court and later through a Special Leave Petition before Supreme Court that his extradition terms were being violated.
The apex court through its order dated September 10, 2010 had rejected the petition saying there was no violation of his extradition terms and conditions. Salem agitated the same issue before a court in Portugal. Finally the Constitutional Court in Portugal observed that it is a matter to be dealt at political and diplomatic level between two sovereign countries. He again raised the issue before the Supreme Court in India which ruled that there was no violation of extradition terms. He then approached Lisbon Administrative Court praying Principle of Speciality — a legal doctrine which says a person extradited for particular charges cannot try that person on different charges — was violated by India as he was tried for other charges while he was extradited for facing court in Mumbai blasts case.
At the time of Salem’s extradition, India had assured Portugal that no charges entailing death penalty or imprisonment of more than 25 years would be pressed against him, but such charges were later brought in.
Salem, who has been sentenced to 25-years in prison in Mumbai blasts case, probed by the CBI, and his then companion, actress Monica Bedi, were extradited to India on November 11, 2005, after a marathon legal process lasting three years. He has already served 13-years in prison, they said.
The coordinated blasts had claimed 257 lives and injured more than 700 people in Mumbai in 1993. Salem was one of the main conspirators and he delivered three AK-56 rifles and ammunition and hand grenades to actor Sanjay Dutt (convicted in earlier phase of trial under the Arms Act). Salem, who was close to (Dawood’s brother) Anees Ibrahim and Dossa, took upon of himself to bring a part of arms and ammunition from Dighi to Mumbai. This was “vital towards achievement of the conspiracy so that the weapons could be used to terrorise and torment innocent citizens of India,” the trial court in Mumbai had said at the time of his conviction.